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(영문) 춘천지방법원영월지원 2020.10.20 2020고단192
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 2, 2019, the Defendant recommended the victim D to purchase the F. 51,723 square meters of forest land in Pyeongtaek-gun, Gangwon-do (hereinafter “instant forest”) owned by the Defendant at the end of the end of the year 2019, and made a false statement to the effect that the purchase of forest land can be immediately used because the lease contract for the said forest was terminated at the end of the year 2018.

However, the instant forest land was leased by H members, including G, to pay KRW 1 million each year from September 1, 2014 to September 1, 2024, and had not been terminated at the end of 2018. Therefore, the instant forest land was not immediately used even if the victim purchased the instant forest land.

Nevertheless, around February 27, 2019, the Defendant, by deceiving the victim, had the victim enter into a sales contract with E with respect to the forest land of this case (hereinafter “instant sales contract”) with KRW 200 million. On February 28, 2019, the Defendant paid down payment of KRW 20 million to the account in the name of E in the name of E.

Accordingly, the defendant had a third party receive property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol of suspect examination of the police against the accused (including the substitute part);

1. Each police suspect interrogation protocol against E and J;

1. Each police statement made to D, J and G;

1. Application of Acts and subordinate statutes to the Criminal Complaint (No. 1) and each of the accompanying documents, copies of the complaint (No. 9) and each accompanying documents, copies of the certificate of confirmation requested for remittance on February 28, 2019, copies of the application for purchase of pesticide reservation in 2019, copies of the receipt for confirmation of purchase of pesticide chemicals in 2019, copies of the receipt for confirmation of purchase of pesticide by K Union, recording (No. 67), records of investigation reports (Submission of preparatory data

1. Relevant Article 347 (2) and (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Judgment on the assertion of the Defendant and the defense counsel under Article 62(1) of the Criminal Act

1. The defendant is guilty of the assertion.

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